Practice and Procedure

R (on the application of ANDREW KEITH ADAMS) v SECRETARY OF STATE FOR JUSTICE : IN THE MATTER OF EAMONN MACDERMOTT : IN THE MATTER OF RAYMOND PIUS MCCARTNEY (2011)

PUBLISHED May 11, 2011
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[2011] UKSC 18

The entitlement to compensation in the Criminal Justice Act 1988 s.133 was not restricted to those who had established beyond a reasonable doubt that they were innocent of the crime for which they had been convicted. A new fact would show that a miscarriage of justice had occurred when it so undermined the evidence against the defendant that no conviction could possibly be based upon it.

SC (Lord Phillips (President), Lord Hope (Deputy President), Lord Rodger JSC, Lord Walker JSC, Lady Hale JSC, Lord Brown JSC, Lord Judge JSC, Lord Kerr JSC, Lord Clarke JSC)

11/05/2011

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